Terms and Conditions

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.presaleagent.com website (the "Service") operated by Giselle Heydari and The Actualized Corporation ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

You can enjoy our Services through many of the features that our website offers and through real estate services that we provide. Terms and Conditions set forth here will apply to both current and future added features and services.

Some of the information presented on our website is obtained from Local Real Estate boards, some are user generated, some are created by us, and some may be links to third party services. While seeking utmost reliability, we do not assume responsibility for or guarantee accuracy of this information. The information presented here is for general information purposes only.

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.

When using our service on a mobile device please note that standard mobile carrier charges will apply. Standard charges will also apply when using the Text or Call features on our Mobile version.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

The Service and all contents, including but not limited to text, images, graphics or code are the property of Giselle Heydari and/or The Actualized Corporation and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Giselle Heydari and/or The Actualized Corporation or their affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. You are also strictly forbidden from database scraping or use of any robots or codes in association with our services.

The Service may contain links to third-party web sites or services that are not owned or controlled by Giselle Heydari or The Actualized Corporation.

Giselle Heydari and/or The Actualized Corporation have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Giselle Heydari and/or The Actualized Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

You agree to indemnify, defend and hold harmless Giselle Heydari and The Actualized Corporation, their principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Giselle Heydari and/or The Actualized Corporation, their directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Giselle Heydari and The Actualized Corporation make no guarantees, representations or warranties of any kind as regards to the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Giselle Heydari and The Actualized Corporation, their subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements; or e) the data provided by the service is complete or conclusive.

If you breach any of these Terms and Giselle Heydari and/or The Actualized Corporation choose not to immediately act, or choose not to act at all, Giselle Heydari and/or The Actualized Corporation will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Giselle Heydari and The Actualized Corporation do not waive any of their rights. Giselle Heydari and/or The Actualized Corporation shall not be responsible for any purported breach of these Terms caused by circumstances beyond their control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

We are continuously improving our service and as a result there may be modifications, additions, or reductions to our current features and services. We reserve the right to all potential changes with or without notice.

While we strive to keep our services as consistent as possible, there may be periods of service interruption either for maintenance or for reasons outside of our control. By using our service, you agree that service interruptions or delays may happen with or without notice and that we do not provide any warranties against such situations.

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms, please contact us.

Last updated: January 8, 2025

The information contained on www.presaleagent.com website (the "Service") is for general information purposes only.

Giselle Heydari and/or The Actualized Corporation assume no responsibility for errors or omissions in the contents of the Service.

In no event shall Giselle Heydari and/or The Actualized Corporation be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Giselle Heydari and/or The Actualized Corporation reserve the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

Giselle Heydari and/or The Actualized Corporation do not warrant that the Service is free of viruses or other harmful components.

www.presaleagent.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with Giselle Heydari and/or The Actualized Corporation.

Please note that the Giselle Heydari and/or The Actualized Corporation do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.